Legislation
SECTION 631
Resident protections and opportunities
Public Housing (PBG) CHAPTER 44-A, ARTICLE 15
§ 631. Resident protections and opportunities. 1. The protections
afforded to a resident of a housing facility shall be consistent with
those afforded to a public housing resident, to the extent permitted in
accordance with federal law, and subject to and with the approval of the
United States department of housing and urban development. These
protections shall include, but are not limited to:
(a) preserving the affordable character of such housing facility in
accordance with section eight of the United States housing act of
nineteen hundred thirty-seven, as amended, or any successor provision
and with part five of title twenty-four of the code of federal
regulations or any successor regulation;
(b) ensuring that any resident required to relocate temporarily for
purposes of rehabilitation or redevelopment of such housing facility is
guaranteed the ability to return to such housing facility following the
completion of such rehabilitation or redevelopment, and that the
relocation expenses of such temporary relocation be paid for by the
trust or NYCHA as required by applicable federal law;
(c) providing a resident of such housing facility the opportunity to
establish and operate a council to represent residents in such housing
facility to address concerns relating to such facility, pursuant to
subpart b of part nine hundred sixty-four of title twenty-four of the
code of federal regulations or any successor regulation, and to be
eligible for resident participation funding from the trust consistent
with funding available to residents of public housing pursuant to
section 964.150 of title twenty-four of the code of federal regulations
or any successor regulation, provided that any resident council that, at
the time of the transfer of a housing facility to the trust, is
certified by NYCHA as the resident council shall be recognized by the
trust as the resident council of such housing facility;
(d) providing a resident of a housing facility an opportunity for an
informal hearing to grieve any dispute that such resident may have with
respect to an action of the trust with regard to such resident's lease,
consistent with the obligation of a public housing agency pursuant to
paragraph eight of subdivision (e) of section 966.4 of title twenty-four
of the code of federal regulations or any successor regulations and
pursuant to subpart b of part nine hundred sixty-six of title
twenty-four of the code of federal regulations or any successor
regulations;
(e) providing a resident of a housing facility automatic renewal of
such resident's leases, except for good cause as specified in the lease
between such resident and the trust, consistent with the requirements
relating to a lease between a public housing agency and a tenant of a
dwelling unit pursuant to subparagraph (i) of paragraph two of
subdivision (a) and subdivision (l) of section 966.4 of title
twenty-four of the code of federal regulations or any successor
regulation;
(f) determining succession to a lease between a resident and the trust
in accordance with the succession policy described in the management
manual, and any amendments to such manual, of NYCHA;
(g) permitting a resident whose total tenant payment, as defined in
section 983.3 of title twenty-four of the code of federal regulations,
or any successor regulations, would equal or exceed the rent to owner,
as defined in section 983.3 of title twenty-four of the code of federal
regulations or any successor regulations, to remain in a housing
facility and pay rent in an amount to be determined by the trust and
NYCHA and as set forth in the lease of such resident;
(h) determining succession to a voucher pursuant to section eight of
the United States housing act of nineteen hundred thirty-seven, as
amended, or any successor provision, in accordance with the housing
voucher program administrative plan, and any amendments to such plan, of
NYCHA; and
(i) no rescreening for eligibility or right-sizing of residents of a
housing facility as a result of a transfer of the leasehold interest
from NYCHA to the trust.
2. The resident protections described in subdivision one of this
section shall be enumerated in the ground lease or other appropriate
agreement between NYCHA and the trust and shall be further enumerated in
writing between the trust and each resident of a housing facility.
Nothing in this section shall preclude the trust or NYCHA from providing
additional resident protections, which may be enumerated in any such
ground lease or agreement.
3. The trust, to the greatest extent feasible, and consistent with
federal, state and local laws and regulations, shall ensure that
employment and other economic opportunities be directed to residents of
the housing facilities, consistent with section three of the federal
housing and urban development act of nineteen hundred sixty-eight, as
amended, and part seventy-five of title twenty-four of the code of
federal regulations or any successor law or regulation. All project
labor agreements shall be consistent with this subdivision.
4. The trust shall act in accordance with the full requirements of
part nine hundred sixty-four of title twenty-four of the code of federal
regulations or any successor regulation. The trust shall, among other
requirements, support resident participation in the operations of the
housing facilities and negotiate, with any resident management
corporations, or equivalent that satisfies the requirements of such
part, for operation of a housing facility. The trust shall consider
applications of resident organizations, community organizations or other
local organizations for grant funding, as available, to provide
training, technical assistance, and education to residents to support
active resident participation in the planning and implementation of the
conversion process.
5. The trust shall ensure residents participate in the process to
procure the vendors that will perform capital renovation, modernization,
and construction work, excluding emergency procurements.
6. The trust shall create committees consisting of members as
appropriate, which shall include, but not be limited to, trust employees
and residents of the housing facility where construction,
reconstruction, rehabilitation, alteration, renovation, maintenance and
repair work is being performed, and such committees shall meet as needed
to provide input, and oversight, along with recommendations, with
respect to the quality of such work performed by the vendors of the
trust.
7. The trust and NYCHA shall, in accordance with applicable law,
establish a procedure and eligibility requirements by which a person who
is not a tenant of record as of thirty days before the execution of the
transfer of a leasehold interest in the housing facility to the trust
may become a tenant of record based on consideration of the familial
nexus of such person to the last tenant of record on file with NYCHA,
such individuals to include, but not be limited to, aunts, uncles,
nieces, nephews, and first cousins, provided that such applications to
become a tenant of record following the transfer of a leasehold interest
in the housing facility to the trust shall be made no later than thirty
days before such transfer. Any requests received after such date will be
reviewed in accordance with the policies described in the administrative
plan, and any amendments to such plan, of NYCHA.
afforded to a resident of a housing facility shall be consistent with
those afforded to a public housing resident, to the extent permitted in
accordance with federal law, and subject to and with the approval of the
United States department of housing and urban development. These
protections shall include, but are not limited to:
(a) preserving the affordable character of such housing facility in
accordance with section eight of the United States housing act of
nineteen hundred thirty-seven, as amended, or any successor provision
and with part five of title twenty-four of the code of federal
regulations or any successor regulation;
(b) ensuring that any resident required to relocate temporarily for
purposes of rehabilitation or redevelopment of such housing facility is
guaranteed the ability to return to such housing facility following the
completion of such rehabilitation or redevelopment, and that the
relocation expenses of such temporary relocation be paid for by the
trust or NYCHA as required by applicable federal law;
(c) providing a resident of such housing facility the opportunity to
establish and operate a council to represent residents in such housing
facility to address concerns relating to such facility, pursuant to
subpart b of part nine hundred sixty-four of title twenty-four of the
code of federal regulations or any successor regulation, and to be
eligible for resident participation funding from the trust consistent
with funding available to residents of public housing pursuant to
section 964.150 of title twenty-four of the code of federal regulations
or any successor regulation, provided that any resident council that, at
the time of the transfer of a housing facility to the trust, is
certified by NYCHA as the resident council shall be recognized by the
trust as the resident council of such housing facility;
(d) providing a resident of a housing facility an opportunity for an
informal hearing to grieve any dispute that such resident may have with
respect to an action of the trust with regard to such resident's lease,
consistent with the obligation of a public housing agency pursuant to
paragraph eight of subdivision (e) of section 966.4 of title twenty-four
of the code of federal regulations or any successor regulations and
pursuant to subpart b of part nine hundred sixty-six of title
twenty-four of the code of federal regulations or any successor
regulations;
(e) providing a resident of a housing facility automatic renewal of
such resident's leases, except for good cause as specified in the lease
between such resident and the trust, consistent with the requirements
relating to a lease between a public housing agency and a tenant of a
dwelling unit pursuant to subparagraph (i) of paragraph two of
subdivision (a) and subdivision (l) of section 966.4 of title
twenty-four of the code of federal regulations or any successor
regulation;
(f) determining succession to a lease between a resident and the trust
in accordance with the succession policy described in the management
manual, and any amendments to such manual, of NYCHA;
(g) permitting a resident whose total tenant payment, as defined in
section 983.3 of title twenty-four of the code of federal regulations,
or any successor regulations, would equal or exceed the rent to owner,
as defined in section 983.3 of title twenty-four of the code of federal
regulations or any successor regulations, to remain in a housing
facility and pay rent in an amount to be determined by the trust and
NYCHA and as set forth in the lease of such resident;
(h) determining succession to a voucher pursuant to section eight of
the United States housing act of nineteen hundred thirty-seven, as
amended, or any successor provision, in accordance with the housing
voucher program administrative plan, and any amendments to such plan, of
NYCHA; and
(i) no rescreening for eligibility or right-sizing of residents of a
housing facility as a result of a transfer of the leasehold interest
from NYCHA to the trust.
2. The resident protections described in subdivision one of this
section shall be enumerated in the ground lease or other appropriate
agreement between NYCHA and the trust and shall be further enumerated in
writing between the trust and each resident of a housing facility.
Nothing in this section shall preclude the trust or NYCHA from providing
additional resident protections, which may be enumerated in any such
ground lease or agreement.
3. The trust, to the greatest extent feasible, and consistent with
federal, state and local laws and regulations, shall ensure that
employment and other economic opportunities be directed to residents of
the housing facilities, consistent with section three of the federal
housing and urban development act of nineteen hundred sixty-eight, as
amended, and part seventy-five of title twenty-four of the code of
federal regulations or any successor law or regulation. All project
labor agreements shall be consistent with this subdivision.
4. The trust shall act in accordance with the full requirements of
part nine hundred sixty-four of title twenty-four of the code of federal
regulations or any successor regulation. The trust shall, among other
requirements, support resident participation in the operations of the
housing facilities and negotiate, with any resident management
corporations, or equivalent that satisfies the requirements of such
part, for operation of a housing facility. The trust shall consider
applications of resident organizations, community organizations or other
local organizations for grant funding, as available, to provide
training, technical assistance, and education to residents to support
active resident participation in the planning and implementation of the
conversion process.
5. The trust shall ensure residents participate in the process to
procure the vendors that will perform capital renovation, modernization,
and construction work, excluding emergency procurements.
6. The trust shall create committees consisting of members as
appropriate, which shall include, but not be limited to, trust employees
and residents of the housing facility where construction,
reconstruction, rehabilitation, alteration, renovation, maintenance and
repair work is being performed, and such committees shall meet as needed
to provide input, and oversight, along with recommendations, with
respect to the quality of such work performed by the vendors of the
trust.
7. The trust and NYCHA shall, in accordance with applicable law,
establish a procedure and eligibility requirements by which a person who
is not a tenant of record as of thirty days before the execution of the
transfer of a leasehold interest in the housing facility to the trust
may become a tenant of record based on consideration of the familial
nexus of such person to the last tenant of record on file with NYCHA,
such individuals to include, but not be limited to, aunts, uncles,
nieces, nephews, and first cousins, provided that such applications to
become a tenant of record following the transfer of a leasehold interest
in the housing facility to the trust shall be made no later than thirty
days before such transfer. Any requests received after such date will be
reviewed in accordance with the policies described in the administrative
plan, and any amendments to such plan, of NYCHA.